Employer NewsCredit Checks - Be careful when used in employmentIn the 2010 special session, the Oregon Legislature made it unlawful for employers to use credit histories when making most employment decisions. It is now generally illegal to obtain information in an applicant's credit history or to make employment decisions based on credit information. Employees or applicants for employment can file a complaint with the Bureau of Labor and Industries (BOLI) or sue an employer that violates the statute and recover attorney's fees.

The rule prohibiting use of credit history has some exceptions. An employer can still use information from an individual's credit history in making an employment decision if the employer "can show that the information is substantially job-related."

Credit history is substantially job-related if:1. The employee will have access to financial information (other than information provided in retail transactions) to perform essential functions of his or her position; or2. The employer is required to obtain credit history for the particular position in order to obtain insurance, a surety, or a fidelity bond.

Under the final BOLI rules, the employer must inform the employee or applicant in writing that the person's credit information may be obtained and explain the reasons why it will be used.

Low value mobilehomes exempted from property taxProperty taxes can be canceled on mobilehomes valued at $12,500 or less in Multnomah, Washington, Clackamas, and Lane counties. The exemption from property taxes can go back as far as the 2003-2004 tax year. See ORS 308.250(2)(b)

The legislation came out of the Multnomah County tax assessor's office after they found that the majority of those who owned manufactured homes worth less than $15,000 were delinquent even though their tax bills might only be $100 a year.

The tax assessor said that it cost the counties more to try to collect the taxes than the amount they collect and that the resources would be better spent on people who own larger sums of money.

Rep. Val Hoyle, who sponsored the bill, said 94 percent of Lane County residents in manufactured homes valued at less than $15,000 were behind on property taxes. Multnomah County had 270 delinquent accounts for homeowners in this category.

Some may question the wisdom of exempting people who use local services -- roads, public utilities, police, sheriff, and fire protection -- from paying at least some share of those costs and wonder how this adds to people's sense of responsibility as homeowners. But the legislation was enacted out of a desire to "help poor people who are already struggling."

Medical Marijuana

The Oregon Medical Marijuana Act (OMMA, ORS 475.300-ORS 475.346), passed in 1998, contains provisions authorizing the use of medical marijuana, and exempting such use from criminal liability under state law.

Disputes may arise when a disabled person requests that an employer or housing provider accommodate their use of medical marijuana to alleviate disabling conditions.

The Oregon Supreme Court has ruled that the federal Controlled Substances Act preempts the Oregon Medical Marijuana Act’s authorization of the use of medical marijuana, and that the protections of ORS 659A.112 do not apply to the use of medical marijuana. Emerald Steel Fabricators, Inc., v. Bureau of Labor and Industries, Or. (2010). ORS 659A.112 applies exclusively to employment practices. But, because the use of medical marijuana under ORS ORS 475.306(1) is preempted by the federal law, and neither the state nor the federal law exclusively relates to employment practices, the preemption is equally applicable to housing discrimination claims under ORS 659A.145.

BOLI announced that its Civil Rights Division will not investigate employment or housing claims of discrimination pertaining to the use of medical marijuana.

In light of the state Supreme Court decision and BOLI's position, Landlords do not have to rent to medical marijuana users nor are they required to make "reasonable accomodations" for them. However, medicinal use of marijuana is a legal activity under Oregon law, and landlords may rent to medical marijuana users if they so choose and to allow them to grow or use marijuana on the rented property. Higher security deposits can be charged.